Burlingham v. Gargan
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York; Special' Term. Action by Charles C. Burlingham and others, as trustees in bankruptcy of Thomas A. McIntyre and others, against Patrick F. Gargan. From an order of the City Court of the City of New York, refusing to strike out the amended answer, plaintiff appeals.
1Opinion of the CourtBijur, J.
Plaintiffs, as trustees in bankruptcy of a firm of brokers, brought this action covering certain stock transactions. The defendant, in his amended answer, pleaded as a first separate defense, first, a breach of promise, made by the firm, at the time of the initiation of the transactions, to protect him against loss, then an alleged improper and wrongful sale of the stocks purchased, resulting in a loss; and, finally, a breach of a promise 'after the sale to make good this very loss. A motion requiring defendant to state separately these evidently severable counterclaims, and to make the…
2Cases cited3 opinions
- Robertson v. Rockland Cemetery Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Robertson v. Rockland Cemetery Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Burlingham v. GarganAppellate Terms of the Supreme Court of New York · 1910
3Cited by1 opinion
- Eastham v. Telegram Publishing Co.Oregon Supreme Court · 1926